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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 4656
Experience:  LLB (Hons)
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I have been refused access to my children and have been

Customer Question

I have been refused access to my children and have been blocked with all communications for over 3 weeks now and not seen them for 8 weeks. My ex partner has a history of mental illness and has advised there is a court order in place and if I go near the house I will be arrested. I’ve asked for copies of the paperwork and since then have had all communications blocked. What can I do as I desperately miss my children and am concerned for their welfare?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: The earliest appointment I could get with a solicitor is next Tuesday but since this was arranged a few weeks ago all contact has stopped- the courts are closed as well. I went to court last year and applied for an emergency custody order while she was sectioned but I don’t think this was finalised.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Southampton, Hampshire
JA: Anything else you want the Lawyer to know before I connect you?
Customer: There’s a lot of history to this! I’ll just try to answer any questions they have to keep it relevant if that’s ok?
Submitted: 1 year ago.
Category: Law
Expert:  SASH_Law replied 1 year ago.

Hi, I'm Lea and I have reviewed your query.

Is there a child arrangements order in place?

Please bear in mind this is an email service and not a live chat so responses may not be instantaneous. I am not available for calls, but in all cases it is very likely you can be helped online.

Customer: replied 1 year ago.
It is joint custody with no specific arrangement in place, to my knowledge
Expert:  SASH_Law replied 1 year ago.

Is there a court order or is it just an arrangement between the two of you?

Customer: replied 1 year ago.
It has always been informal and flexible
Expert:  SASH_Law replied 1 year ago.

Firstly, there is no order in place preventing you from going to her home or having contact - if there was, it would have had to have been served on you before it was effective. Therefore, if you have not been served with such an order, there isn't one in place.

As there is no child arrangements order in place, you will need to get one before you can enforce contact. You need to apply on form C100, the cost of which is £215, unless you are on a low income or benefits in which case you may be entitled to fee remission - see form EX160.

You will also need to attend a MIAM - mediation information and assessment meeting, though it is likely your ex will refuse to engage if she is claiming there is an order preventing you having contact. Nonetheless, as you will see from the C100 form there is a requirement for you to attend a MIAM unless you meet one of the exeptions.

There isn't, unfortunately, a quicker way for you to regain contact with your children - court is really your way forward at this juncture, particularly since she is claiming there is an order against you (can't be if it hasn't been served on you).

Expert:  SASH_Law replied 1 year ago.

Does that help?

Expert:  SASH_Law replied 1 year ago.

Can I check that you received my response to your query?

Customer: replied 1 year ago.
Expert:  SASH_Law replied 1 year ago.

Can I clarify anything for you - or provide links to the forms you need?